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A Blog about Real Estate, How it Can Be Damaged, and Disputes Over its Transfer

This blog is a personal blog written to discuss legal issues affecting Georgia property, and how it is damaged, transferred, and fought over. I write this partly to keep abreast of the law, and partly to offer a forum for my writing. In order to find content, I often analyze Georgia Supreme Court decisions. I try to update this blog as I can, but writing is a time consuming process.

Friday, July 1, 2011

Dawson County Motor Sports Park Becoming More Likely

A motor sports park is becoming more likely in Dawsonville, Georgia following the decision of a Judge of the Dawson County Superior Court rejecting the plaintiffs' petition for a temporary injunction.   In a lawsuit filed by the neighbors against Jeremy Porter's development, the neighbors contend that the park is an impending nuisance that will destroy the value of their horse farm.  The plaintiffs filed the suit after the City of Dawsonville engaged in a series of actions over several years that culminated in the rezoning of property in the central part of the county.

The park began in theory several years ago when the City of Dawsonville commenced to incorporate county land along Georgia Highway 53 and Georgia Highway 183 into the city limits.   At that time, some county residents opposed the moves contending the City intends to permit rezonings in the area to accomplish land uses that the county commissioners would not allow, include the construction of a race track and a local airport.   However, the opposition fell short as many residents of affected communities such as Big Canoe, Georgia were unaware of the City's expansion plans.  There are some reports that construction at the racetrack can be heard already in the Big Canoe area.

Following the annexations and more recently, the City commenced to rezone property across from a horse farm along Georgia Highway 53 for a racetrack.  The racetrack developer had been seeking a location for his track and ended up in Dawsonville after the municipal expansion.

While the plaintiffs have filed motions to stop the development, it is difficult in Georgia to enjoin a future nuisance before it has occurred.  

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